All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, artwork or other images, sounds, music, and computer code (collectively, “Content”), including without limitation the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the App is owned, controlled or licensed by or to Skyjet, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
No part of the App and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise without Skyjet’s express prior written consent.
Restrictions On Your Use of the App
You may not use any automatic device, program, algorithm or methodology or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the App or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the App or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the App. You may not attempt to gain unauthorized access to any portion or feature of the App, or any other systems or networks connected to the App or to any Skyjet server, or to any of the services offered on or through the App, by hacking, password “mining” or any other surreptitious or illegitimate means.
You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the App, or any other customer of Skyjet, to its source, or exploit the App or any service or information made available or offered by or through the App, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the App.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the App or Skyjet’s systems or networks, or any systems or networks connected to the App or to Skyjet.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Skyjet on or through the App or any service offered on or through the App. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
Accounts, Passwords and Security
Certain features or services offered through the App are only available to users with an account. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failure to keep this information secure and confidential. You agree to notify Skyjet immediately of any unauthorized use of your account or password, or any other breach of your account’s security. You may be held liable for losses incurred by Skyjet or any other user of the App due to someone else using your account as a result of your failing to keep your account information secure and confidential. You may not use anyone else’s account at any time without the express permission and consent of the holder of that account. Skyjet cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Links to Web Sites
The App may contain links to third-party web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience. Such Linked Sites are not under Skyjet’s control, and Skyjet is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
SKYJET DOES NOT PROMISE THAT THE APP OR ANY CONTENT, SERVICE OR FEATURE OF THE APP WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE APP WILL PROVIDE SPECIFIC RESULTS. THE APP AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE APP IS SUBJECT TO CHANGE WITHOUT NOTICE. SKYJET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SKYJET DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE APP AND/OR ANY SKYJET SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE APP AND ANY LINKED WEB SITES. YOUR SOLE REMEDY AGAINST SKYJET FOR DISSATISFACTION WITH THE APP IS TO STOP USING THE APP AND DELETE IT FROM YOUR MOBILE DEVICE, AND THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN YOU AND SKYJET.
The above disclaimer applies to any losses caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use of the App, whether for breach of contract, tort, negligence or any other cause of action.
Skyjet reserves the right to do any of the following, at any time, without notice: (1) modify, suspend or terminate operation of or access to the App, or any portion of the App, for any reason; (2) modify or change the App, or any portion of the App, and any applicable policies or terms; and (3) interrupt the operation of the App, or any portion of the App, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will Skyjet be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Skyjet has been advised of the possibility of such damages.
You agree to indemnify and hold Skyjet, its officers, members, managers, successors in interest, employees, agents, subsidiaries and affiliates harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees) made against or incurred by Skyjet arising in connection with your use of the App.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the App, including all disputes, will be governed by the laws of the United States and by the laws of the State of Ohio without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Cuyahoga County, Ohio, and waive any objection to such jurisdiction or venue. In the event of any controversy or dispute between Skyjet and you arising out of or in connection with your use of the App, the parties must attempt, promptly and in good faith, to resolve any such dispute for a period of at least 30 days.
Although the App is accessible worldwide, not all products or services discussed, referenced, provided or offered through or on the App are available to all persons or in all geographic locations, or are appropriate or available for use outside the United States. Skyjet reserves the right to limit, in its sole discretion, the provision and quantity of any product or service to any person or geographic area. Any offer for any product or service made on the App is void where prohibited or unavailable. If you choose to access the App from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.